Category Archives: Analysis

Opposition and Cancellation Proceedings Shifting Into Higher Gear in Canada

Notary public in office stamping document

Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings before the Canadian Trademarks Opposition Board (TMOB) 3-4 years after their start. Similarly, in many cases decisions in opposition proceedings would issue 5-6 years after the end of the initial 2 month period to oppose. This is not because these types of proceedings are particularly cumbersome in Canada. Contrary to US oppositions there is no discovery in oppositions and administrative cancellation proceedings, only cross-examinations on affidavit are possible. The availability of very generous extensions of time and long delays to set a hearing or to render a decision on the basis of a written record explain most of these delays. This is changing rapidly.

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Regulation, Generative AI, and legal considerations

Asian woman watching hologram screens. Business and technology concept. Smart office. GUI (Graphical User Interface).

With generative AI’s ability to aid knowledge management, increase efficiency and accelerate development there must be balanced consideration of intellectual property (IP) protection and stakeholder interests.

Generative Artificial Intelligence (Gen AI) are algorithms that can be used to generate text and images that are difficult to distinguish from human generated text and images. It is technology that is fed data (trained) to ultimately recognize relationships and patterns in data. The more data the system is fed, the smarter it becomes. Once trained, it then applies that intelligence to information submitted by end users, to produce new content/products such as videos, photos, and book summaries. Generative AI’s use is growing in popularity because it quickly simplifies and completes tasks for the everyday user once given simple instructions.

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Study confirms the critical importance of working with high-quality patent attorney firms

Businessman in suit hand stamping rubber stamp on document in file folder with laptop computer on the desk at office. Authorized allowance permission approval concept.

A recent study published by university scholars in The Journal of Industrial Economics[1] confirmed how important it is to work with highly qualified professionals to obtain a patent. Indeed, the results of the study confirmed that a higher-quality patent attorney firm can significantly raise the probability of a patent grant.

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Modernization Initiatives of the Copyright Board

justice statue

Why Is the Copyright Board Modernizing?

The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four years as of May 2023. Following this, the Board released a report providing updates on the Board’s overhaul of its processes, internal policies, and organizational culture including the implementation of new Rules of Practice and Procedure that came into effect on March 1, 2023. Policies like improving efficiency, transparency, and access to justice of legal processes, all aspects of the Board’s initiatives, are often desirable changes in any context but why has the Board been prompted to take on this initiative?

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Is Mariah Carey the QUEEN OF CHRISTMAS®?  Not according to the US Trademark Office!

Close-up of Christmas ornements hung on a Christmas tree.

Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU.  Originally released in 1994, it has become a staple of holiday music playlists; the song has reported earned over $60 million in royalties.  In view of this, Mariah Carey could arguably call herself the QUEEN OF CHRISTMAS, right?

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